PA12/01209/C Creation of outside seating area, Artisan 28 Victorian Street, Douglas, Isle of Man
Introduction
In accordance with the provisions of 10.(1)(b) of the Town and Country Planning (Development Procedure) Order 2005 any planning application that proposes development involving land that the Department of Infrastructure could be said to have a vested interest in cannot be determined by the Planning and Building Control Division. In these instances the relevant legislation requires the planning application to be referred to and determined by the Council of Ministers. Such planning applications are dealt with by an appointed person (Planning Inspector) who is charged with assessing the proposed development and reporting their recommendations to the Council of Ministers.
Planning History
The site has been the subject of previous planning applications however these have related to conversion of the building to a wine bar with office above and advertising signage. None of these are specifically relevant to this proposal.
However the following applications relate to other sites in the nearby area and proposed pavement cafes (the decisions for each of these are appended to this statement):
12/00260/C - Creation of an outside seating area, Macbeths, 21 - 23 Victoria Street, Douglas. This application was permitted. 12/00328/B - Creation of outside seating area and installation of awning, 40 Duke Street, Douglas. This application was permitted. 12/00441/GB - Creation of outside seating area, 26 Victoria Street, Douglas. This application was permitted.
Planning Policy
In terms of land use designation the site lies within an area which is designated as Predominantly Offices by the Douglas Local Plan (Map No. 1). To the immediate east, the land designation changes to Predominantly Shopping.
The site is within the Athol Street/Victoria Street Conservation Area 2007 (map showing the extent of the Conservation Area appended).
In terms of strategic plan policy, the following are contained within the Isle of Man Strategic Plan - Towards a Sustainable Island June 2007 and are judged to be relevant to this application:
Environment Policy 35:
"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
Transport Policy 6:
"In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."
Observations
There have been a growing number of applications for pavement cafes in this area in recent years. The Department supports such proposals provided they do not undermine pedestrian safety and do not harm the visual amenity of the surrounding area.
In this case it is noted that a retained pavement width would be provided of 2.4 metres. The Highways Division has commented on this application stating that a minimum 2 metre pavement width should be retained. They raise concerns regarding the amount of space required to service the outside area and to allow adequate space to manoeuvre.
The main issue would therefore seem to be whether the amount of space proposed to be provided for the café area is sufficient to allow the café to function without detrimentally affecting pedestrian movements.
Recommended Conditions
Should the appointed person be minded to recommend that the application be permitted, the following conditions are suggested:
C1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C2. This permission relates to the creation of an outside seating area, Artisan, 28 Victoria Street, Douglas as shown by 205, 206, ART-EX01, ART-EX02, ART-EX03, ART-EX04 and ART-EX05 all received 31st August 2012.
Appendix 1
Athol Street/Victoria Street Conservation Area 2007 Map
Athol Street/Victoria Street Conservation Area
A black and white site location map showing a specific plot outlined in a thick black line, surrounded by roads including Kirk Road and Broadway, with a scale bar and compass rose.
Map referred to in The Douglas (Athol and Victoria Streets) Conservation Order 2007 Made this 22nd day of November 2007
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